Just stumbled upon this. My understanding of this is that the FDA does not have the authority to regulate the vaping industry and now companies like Juul have a leg to stand on. That’s how I see it. If so, I imagine that Juul and others will likely get their attorneys working on this asap.
He gets to the EPA case about halfway through.
Ohh, this would be big. Haven’t watched/read it yet but wow.
The authority granted to the FDA in 2016, upheld in 2019, and again in 2020 to regulate ecigs as tobacco products was from federal courts not Congress ! It seems at first glance that a door has been cracked open to challenge the FDA authority over the vaping industry.
Without a specific law or laws created by Congress there is no clear definition for the FDA to legally act upon concerning regulation and enforcement of something new and different. I’m not going to hold my breath or allow myself to get excited, all they have to do is continue to uphold that ecigs are tobacco products and therefore not new.